TVC E. The sacked National Chairman of the Peoples Democratic party(PDP), Sen. AliModu Sheriff and 17 members of the National Working Committee (NWC) yesterday rushed to the High Court of the Federal Capital Territory seeking the declaration of Sen. Ahmed Makarfi-led Caretaker Committee illegal.
They said the caretaker committe’s tenure will end on December 11, 2018 since a former National Chairman of PDP, whose mandate the members inherited, was elected at a Special National Convention on December 10th and 11th, 2014
They also asked the court to set aside the decision of last Saturday’s National Convention of the PDP
In an affidavit which Sheriff personally deposed to, the ex-governor, through his counsel, Alex A. Izinyon (SAN), sought an ex-parte order to stop Makarfi from leading a caretaker committee which he alleged was unknown to PDP’s constitution.
Makarfi’s Caretaker Committee was caught unawares by the latest application of Sheriff and 17 NWC members.
The other plaintiffs are Prof. Wale Oladipo (National Secretary), Kwon Victor Yusuf (National Legal adviser); Bala Buhari (National Treasurer); Adewale Adeyanju (National Auditor); Abdullahi Maibasira (National Youth Leader); Mustapha Abubakar (National Organising Secretary); Chikwe Kemafo Nonyerem (National Women Leader); Olisa Metuh (National Publicity Secretary); Onwe Solomon Onwe (Deputy National Secretary).
Others are Enegesi Claudius Godsave (Deputy National Treasurer); Jalo Abdullahi Ibrahim (Deputy National Publicity Secretary); Ullam Hamata (Deputy National Women Leader); Gwalabe Auwalu Abdu (Deputy National Financial Secretary); Barr. Maudugu Bashir (deputy National Legal Adviser); Alonge Olaniyi Dennis (Deputy National Youth Leader); Nnaedozie Okechukwu (Deputy National Organising Secretary) and Alhaji Lawal Anche (Deputy National Auditor).
It was not immediately clear if all the NWC members mandated Sheriff to file the new application in court.
The respondents are the PDP, Sen. Ahmed Makarfi, Sen. Ben Obi, Sen. Odion Ugbesia, Sen. Abdul Ningi; Barrister Kevin Usman; Prince Dayo Adeyeye and Mrs. Aisha Aliyu.
There were indications yesterday that Makarfi and others were not yet aware of the latest suit which is yet to be assigned to a judge.
Sheriff however offered to go to court instead of abiding by the directive of the Board of Trustees of the party to all aggrieved PDP leaders to withdraw their suits in court.
Sheriff and 17 others sought the following reliefs:
- A declaration that the dissolution of the National Working Committee (NWC) of the Peoples Democratic Party in violation of the interlocutory injunctions in suit no: FHC/L/CS/613/2016 between Alhaji Ali Modu Sherriff & 2 Ords v. INEC & Anor and the subsisting judgement in Suit No.: FCT/HC/CV/1443/2016 between Emeka Dibia &Peoples Democratic Party at the purported National Convention of the PDP held in Port Harcourt, Rivers State on the 21st May, 2016, is ultra vires, null and void.
- A declaration that the 1st Plaintiff by virtue of the provisions of Article 33, 35 and 47(6) of the Peoples Democratic Party Constitution as well as the judgement in Suit No.: FCT/HC/CV/1443/2016 between Chief Emeka Dibia v. PDP, is to hold office as National Chairman of the PDP until an election in accordance with the constitution of the Peoples Democratic Party is conducted.
- A declaration that the setting up of a Caretaker Committee at the purported National Convention of the Peoples Democratic Party held in Port Harcourt Rivers State on the 21st May, 2016 is in violation of Article 33, 35 and 47(6) of the Peoples Democratic Party’s Constitution.
- A declaration that the Caretaker Committee set up at the purported National Convention of the PDP held in Port Harcourt, Rivers State on the 21st May, 2016 is unknown to the Constitution of the Peoples Democratic Party.
- An order setting aside the resolution passed at the purported National Convention of the Peoples Democratic Party held in Rivers State on the 21st May, 2016 dissolving the National Working Committee of the Peoples Democratic Party.
- An order setting aside the resolution passed at the purported National Convention of the Peoples Democratic Party held in Rivers State on the 21st May, 2016 setting up the Caretaker Committee of the Peoples Democratic Party.
- An order of perpetual injunction restraining the 1st – 8th Defendant, their agents or servants, privies or however so called acting through them from further parading themselves as the members of the Caretaker Committee or the discharging any National Executive Office functions of the Peoples Democratic Party.
In an affidavit which he personally sworn to with his passport affixed, Sheriff said: ”That I know as a fact that Alhaji Bamanga Tukur tendered his resignation as the National Chairman of the Peopled Democratic Party on the 15th January, 2014.
“That the 1st Defendant at its 63rd National Executive Committee Meeting appointed the 3rd Plaintiff as its Acting National Chairman.
“That subsequently at the 1st Defendant’s 64th National Executive Committee meeting it appointed Alhaji Adamu Muazu as its National Chairman in accordance with Article 47 (6) of its constitution.
“That by the appointment of Alhaji Adamu Muazu, he was to serve out the tenure of Alhaji Bamanga Tukur.
“That at the 1st Defendant’s Special National Convention held on 10th – 11th December, 2014, Alhaji Adamu Muazu was elected as the National Chairman of the Peoples Democratic Party along with other National officers for a tenure of 4 years to expire in 2018.
“That mid-way into the tenure Alhaji Muazu resigned as the National Chairman of the Peoples Democratic Party and I was appointed as the National Chairman of the Peoples Democratic Party until an election to fill the vacancy resulting from the resignation of Alhaji Muazu was conducted in accordance with the Constitution of the Peoples Democratic Party.
“That the Peoples Democratic Party had given a notice of Congress dated 15th March, 2016 Referenced; PDP/DOM/GFI/VOLIII/590 by which it scheduled its National Convention of 21st May, 2016 for the purpose of conducting election to replace its national officers whose four years tenure are still running. Attached herewith is the copy of the said Notice Exhibit “A”.
“That part of the business of the said convention was for the election of a National Chairman.
“That the said convention was held on the 21st May, 2016 in Port Harcourt, Rivers State. At the said convention there was no election of National Officers in line with the constitution of the Peoples Democratic Party.
“That the Plaintiffs were purportedly sacked by the conveners of the said Convention and replaced with a Caretaker Committee not known to the Constitution of the Peoples Democratic Party.
“That the said purported convention was not chaired by the 1st Plaintiff as the National Chairman and none of the National Executive Officers of the Peoples Democratic Party were present at the purported Convention.
“That the 2nd -8th Defendants were purportedly constituted as Caretaker Committee of the Peoples Democratic Party at the Purported Peoples Democratic Party convention held in Port Harcourt, Rivers State on 21st May, 2016.
“That I know as a fact that there is a subsisting order of the Federal High Court Lagos in Suit No.: FHC/L/CS/613/2016 between Alhaji Ali Modu Sherriff & 2 Ords v. INEC & Anor. Delivered on the 12th May, 2016 retraining the Peoples Democratic Party from terminating the tenure of the Plaintiffs pending the hearing and determination of the substantive matter in the said suit. A copy of the aforesaid Order is attached herein as Exhibit “B”.
“That I know as a fact that the Peoples Democratic Party constitution does not have any provision that relates to the establishment of the said Caretaker Committee as was done at the purported National Convention in Port Harcourt, Rivers State on 21st May, 2016. A copy of the Peoples Democratic Party’s Constitution is attached herein as Exhibit “C”.
“That the said Caretaker Committee has started taking steps towards performing the functions of the Plaintiffs as the National officers of the Peoples Democratic Party.
“That the decisions and actions taken at the purported Convention of the Peoples Democratic Party were in clear violation of the said judgement in Suit No.: FCT/HC/CV/1443/16 between Chief Emeka Dibia v. Peoples Democratic Party delivered on 18th May, 2016 and the subsisting interlocutory injunction of the Federal High Court Lagos in Suit No.: FHC/L/CS/613/2016 between Alhaji Ali Modu Sheriff & 2 Ords vs. INEC &ANOR. Delivered on 12th May, 2016. A copy of the aforesaid judgement is attached herein as Exhibit “D”.
“That I know as a fact that the 1st -8th Defendant were duly served and aware of the Order of the Federal High Court, Lagos in Suit No.: FHC/L/CS/613/2016 and the judgement of the Federal Capital Territory, Abuja High Court in Suit No.: FCT/HC/CV/1443/16.
“That there is need to restrain the Defendants from parading themselves as the National Officers or members of the Caretaker Committee of the Peoples Democratic Party.
“That I depose to this affidavit in good faith believing the content to be true and in accordance with the Oaths Act, 2004.”
Sheriff and two members of the sacked National Working Committee (NWC) -ex National Secretary, Prof. Adewale Oladipo; ex National Auditor, Adewole Adeyanju -had earlier approached a court in Lagos to halt the botched convention in Port Harcourt seeking an order to stop election into the offices of National Secretary, National Auditor and National Chairman.
